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LUBA Overturns County Ruling on Farm Weddings

SISTERS, OR -- More than four months after a Sisters-area man received county approval to hold weddings on his farm, the state Land Use Board of Appeals (LUBA) overturned that ruling. Paul Dewey with Landwatch is pleased with the decision, saying it sets a precedent for the state. "The issue is whether or not events such as weddings can qualify as private parks allowable on agricultural lands. The reason we wanted that interpreted very narrowly, is that the more non-farm activity you have on agricultural lands, the less agricultural activities can occur and the more conflicts can happen."

 

John Shepherd tells KBND he was shocked by last week’s ruling. "When the LUBA trial actually went on, my attorney said most of the questions were directed to our opponent, Central Oregon Landwatch, and that they had a hard time answering the questions. My attorney received very few questions so we were still very confident that the appeal by Landwatch would be denied."

 

Shepherd has been holding weddings and other events at his property all summer, following Deschutes County Commissioners' approval to designate his property, zoned as Exclusive Farm Use (EFU), as a private park. "For some reason they just [LUBA] really hate the idea of a wedding ceremony happening on private land. Which is strange because all the public parks, both county and city, allow weddings along with the ceremony. So, why they would single out a private park and prohibit a ceremony, we don’t understand." 

 

Dewey says the issue is about fairness. "There are entirely different rules and restrictions on weddings and other events under the county ordinance. The Shepherds should do like what everyone else is doing, and apply specifically for a wedding event venue under the county ordinance."

 

Shepherd declined to say how many are scheduled in the coming months, and says the fight isn't over. "We’re appealing it to the state board of appeals, and again we’re optimistic that the state board will review this and either overrule LUBA’s prohibition or send it back to the County Commissioners for their review where we can work something out that’s more acceptable. If the state board of appeals upholds LUBA’s decision, then we’ll take Plan B, which is to seek a permit as a winery or a vineyard." He says if that fails, he will take it back to court as a civil rights issue. He is an ordained pastor and says he has a First Amendment right to hold weddings at his church, which meets on his property. 

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